(Download) "St. Louis-San Francisco Railway Co. v. Town of Francis" by United States Court of Appeals Tenth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: St. Louis-San Francisco Railway Co. v. Town of Francis
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 05, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
St. Louis-San Francisco Railway Company, through its predecessor in title, acquired a right-of-way through the Indian Territory by virtue of 1896 and 1902 Congressional Acts. The right-of-way passed through the Town of Francis, Potontoc County, Oklahoma. The plaintiff, Great Western Oil & Gas Company, a corporation, was the owner of oil and gas leases covering lots abutting the railroad right-of-way within the corporate limits of the town. This action was brought by Great Western to quiet title to the minerals underlying the right-of-way. The Railroad denied Great Westerns title and alleged that it was the owner in fee simple of the right-of-way land, subject only to a conditional reverter. The Town cross-claimed, seeking to have title to the land quieted in it, subject only to the right of the Railroad to use the surface for railroad purposes. The trial court heard the case on stipulated facts and concluded that the Railroad had obtained only an easement for railroad purposes, and that by reason of the Act of Congress of April 26, 1906, 34 Stat. 137, 142, Sec. 14, the Town, not the owners of the abutting lots, was the owner of the servient estate in the land acquired by the Railroad, and was the owner of the minerals in and under the same. Great Western did not appeal, therefore our question is limited to a determination of the type of estate acquired by the railroad in the land taken under the two Acts.
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